Eleanor Finch
The United States Constitution has been amended 27 times since it was first put into operation on March 4, 1789. The process of amending the Constitution is derived from Article V of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, several other amendments have been added, including the Reconstruction Amendments (the 13th, 14th, and 15th Amendments) and the 21st Amendment, which repealed the 18th Amendment and ended prohibition. The process of amending the Constitution involves proposals from Congress, which are then sent to the states for ratification. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states. The authority to administer the ratification process falls to the Archivist of the United States, who is responsible for certifying that an amendment has become an operative part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| Number of proposals to amend the Constitution | ~11,848 |
| Number of amendments proposed by Congress and sent to the states for ratification | 33 |
| Number of amendments that have been ratified by the requisite number of states | 27 |
| First 10 amendments | Ratified on December 15, 1791 |
| 13th, 14th, and 15th amendments | Reconstruction Amendments |
| Amendment that repealed an earlier one | 21st Amendment |
| Amendment that superseded a portion of Article II, section 1 of the Constitution | 12th Amendment |
| Article I, section 2, of the Constitution was modified by | 14th Amendment |
| Article I, section 3, of the Constitution was modified by | 17th Amendment |
| Amendment that substantially altered the structure of Congress | 17th Amendment |
| Amendment that provided a method for selecting the president and vice president | 12th Amendment |
| Section of the 14th Amendment that repealed the three-fifths clause of the original Constitution | Section 2 |
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What You'll Learn
The first 10 amendments, the Bill of Rights, were ratified in 1791
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments are proposed by Congress in the form of a joint resolution. Once proposed, the Archivist of the United States administers the ratification process, submitting the proposed amendment to the states for their consideration. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
The first 10 amendments to the US Constitution, collectively known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as the English Bill of Rights (1689) and the Magna Carta (1215). The amendments were proposed by Representative James Madison, who crafted a series of corrective proposals to address the Constitution's deficiencies as pointed out by Anti-Federalists.
The Bill of Rights was initially proposed by Congress on September 25, 1789, as 12 articles of amendment. These articles were submitted to the states for ratification, with some states ratifying some or all of the amendments. However, the ratification of the first two articles fell short of the required three-fourths majority.
On December 15, 1791, Articles Three through Twelve were ratified as additions to the Constitution, becoming Amendments One through Ten. Virginia's legislature was the final state to approve these amendments. These amendments form what is known as the Bill of Rights, which includes protections for freedom of speech, freedom of religion, the right to bear arms, due process, and trial by jury.
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The 12th Amendment superseded a portion of Article II, Section 1
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress in the form of a joint resolution, which does not require the President's signature or approval. The original document is then sent to the National Archives and Records Administration (NARA) for processing and publication. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes an official part of the Constitution.
One such amendment is the 12th Amendment, which superseded a portion of Article II, Section 1. Passed by Congress on December 9, 1803, and ratified on June 15, 1804, the 12th Amendment addressed the procedure for the Electoral College outlined in Article II, Section 1.
Under the original procedure, each elector cast two electoral votes without distinguishing between votes for president and vice president. The 12th Amendment changed this by requiring electors to cast separate votes for president and vice president, ensuring they were not from the same state as the elector. This amendment also provided that if the House of Representatives failed to choose a president by March 4 (the start of a presidential term), the vice president-elect would "act as President, as in the case of the death or other constitutional disability of the President."
However, this provision of the 12th Amendment was later superseded by Section 3 of the 20th Amendment, which changed the date of a new presidential term to January 20. This clarification ensured that the vice president-elect would only act as president if the House had not chosen a president by the new date.
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The 14th Amendment modified Article I, Section 2
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, changed a portion of Article I, Section 2, of the Constitution. This amendment addressed citizenship and the rights of citizens, specifically those of formerly enslaved people. It stated that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens.
The 14th Amendment also modified Article I, Section 2, by addressing the apportionment of representatives among the states. It stated that representatives should be apportioned based on the "respective numbers" of each state, counting all persons in each state except for "Indians not taxed." This was a change from the previous apportionment, which was based on the free population and three-fifths of the enslaved population of each state.
The amendment also included protections for citizens' rights, stating that no state could make or enforce any law that abridged the privileges or immunities of US citizens. Additionally, it guaranteed that no state could deprive any person of life, liberty, or property without due process of law. These protections were extended to formerly enslaved people, who were now granted the liberties and rights outlined in the Bill of Rights.
The 14th Amendment was a significant step towards guaranteeing equal civil and legal rights to all citizens, particularly those who had been previously enslaved. While it failed to explicitly protect the rights of Black citizens, it laid the foundation for future arguments and changes that would lead to greater equality in the 20th century.
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The 17th Amendment modified Article I, Section 3
The 17th Amendment, passed by Congress on May 13, 1912, and ratified on April 8, 1913, modified Article I, Section 3 of the Constitution by allowing voters to directly elect US senators. Before the 17th Amendment, senators were chosen by state legislatures, with each state legislature electing two senators to six-year terms. This system often led to deadlocks and left some Senate seats vacant for extended periods.
The push for direct election of senators began as early as 1826, with Henry R. Storrs proposing an amendment for popular election. Similar amendments were introduced in 1829 and 1855, and the idea gained momentum in the 1860s due to increasing disputes among state legislators. Following the Civil War, conflicts within state legislatures worsened, leaving many Senate seats unfilled.
The 17th Amendment not only changed the method of electing senators but also altered the procedure for filling vacancies in the Senate. It allowed state legislatures to empower their governors to make temporary appointments until a special election could be held. This ensured that Senate vacancies, which previously could last for months or years, could be filled more efficiently.
The first direct elections to the Senate following the 17th Amendment were held in Maryland and Alabama in 1913 and 1914, respectively. The transition to direct election was gradual, with the process completed by March 4, 1919, when the senators chosen in the November 1918 election took office.
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The 21st Amendment repealed the 18th, ending alcohol prohibition
The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment, which had mandated a nationwide prohibition on alcohol. The Eighteenth Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement, and it ushered in a period known as Prohibition, during which the manufacture, distribution, and sale of alcoholic beverages were illegal.
However, Prohibition was highly unpopular, and many Americans continued to drink despite the amendment. This gave rise to a profitable black market for alcohol, fueling the rise of organized crime. Throughout the 1920s, Americans increasingly viewed Prohibition as unenforceable, and a political movement to repeal the Eighteenth Amendment gained momentum.
On February 20, 1933, the 72nd Congress proposed the Twenty-first Amendment, which was aimed at rescinding Prohibition. The amendment was formally adopted on December 5, 1933, and it is the only amendment to have been ratified by state ratifying conventions. The Twenty-first Amendment is unique among the 27 amendments to the U.S. Constitution, as it is the only one to repeal a prior amendment.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment, while Section 2 bans the importation of alcohol into states and territories that maintain laws prohibiting the importation or consumption of alcohol. Several states continued to be "dry states" even after the repeal of the Eighteenth Amendment, and some still closely regulate alcohol distribution today.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with approximately 11,848 proposals for amendments introduced in Congress since 1789.
The authority to amend the Constitution comes from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which is sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
The first 10 amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791.
Yes, the only amendment that has explicitly repealed an earlier one is the 21st Amendment, which repealed the 18th Amendment and ended the prohibition of alcohol.
